U.S. Senators Martin Heinrich and Angus King announced on Mar. 18 that they have filed an amicus brief challenging former President Trump’s plan to build a commemorative arch on federal property in Washington, D.C. The senators argue that the proposed structure is illegal without explicit authorization from Congress.
The issue centers on whether the president can bypass existing laws that require congressional approval for monuments or structures built on federal land in the nation’s capital. Lawmakers say this case highlights the importance of checks and balances between branches of government.
Heinrich said, “The law is clear: Any structure on federal parks or public grounds in the nation's capital must be approved by Congress on behalf of the American people. The president cannot decide to act unilaterally on this issue.” King added, “This is a straightforward example of checks and balances, and an exercise of Congressional authority – the Commemorative Works Act could not be clearer: any structure on grounds like this must be approved by Congress on behalf of the American people. Whether it is an arch, an obelisk, a ballroom, or a statue, this is a decision that cannot be made unilaterally when it is on public lands and protected by statute.”
The amicus brief supports a lawsuit brought by Vietnam War veterans and a retired architectural historian seeking to block construction of the Independence Arch between the Lincoln Memorial and Arlington National Cemetery. According to lawmakers, both the Commemorative Works Act (CWA) and 40 U.S.C. § 8106 require express congressional authorization before any monument can be built in these areas. The Congressional Research Service responded to an inquiry from King stating that “the CWA would appear to govern the construction of the arch. Likewise, § 8106 would appear to require congressional authorization to construct a memorial arch in Memorial Circle.”
Since its enactment in 1986, Congress has authorized more than 40 commemorative works through statutory processes established under the CWA. These procedures include consultation with expert commissions and multiple layers of review intended to ensure new monuments reflect national significance while preserving Washington’s historic layout.
Other supporters of the amicus brief include Senator Jeff Merkley as well as Representatives Jared Huffman, Yassamin Ansari, and Maxine Dexter.
